Grandparents are Special – but what are their legal rights?

By Rob Colwell, Head of Family Law, Hayes + Storr

When it comes to legal rights in relation to children, the all-important words are ‘parental responsibility’ – or PR as it’s more simply referred to. In most cases this means only people with PR can make an application in relation to a child – and that applies to the birth parents as named on the birth certificate, step-parents if applied for after marriage, or legal guardians. You’ll notice that an important group who could be considered to have ‘parental responsibility’ (the clue is in their name) are missing from that list – grandparents. Sadly, grandparents do not have any automatic rights with regards to their grandchildren.

However, family courts often recognise the vital role grandparents play in their grandchildren’s lives – and whilst their rights are limited, they can apply to the court for permission (leave) to apply for a Child Arrangement Order. The court will then take the following matters into consideration;

• The applicant’s connection with the child(ren) in question

• The nature of the application itself

• Whether the application could be harmful to the child(ren)’s wellbeing in any way. This may include whether the court feels a grandparent’s continued contact with the child(ren) might have a negative impact on the rest of the family.

Although the court will only refuse an application in extreme circumstances, it’s almost always best to see it as a last resort. The effective use of an amicable solicitor’s letter and mediation can prevent family differences escalating, enabling all parties to move forward and
act in the best interests of the grandchild(ren). In fact, attending mediation is a legal requirement for both grandparents and parents prior to court proceedings, although in a limited number of situations mediation can be made exempt.

If mediation fails, grandparents can then apply for permission (leave) of the court to consider a Child Arrangement Order, and this permission is normally given at the first hearing. At the hearing, the court will set down directions at the same time. Any safeguarding concerns
will also be raised by a CAFCASS (Children and Family Court Advisory and Support Services) child welfare officer at the initial hearing.

The court will have already provided notice of the application to all those with parental responsibility. There may be objections to the application, so it’s important that grandparents obtain good quality legal advice – and obtain it early.

If the grandparents’ son or daughter (the person with parental responsibility for the child) is estranged from the family, the court will expect that parent to reunite with the child and make the application on behalf of the grandparent(s) in the first instance – with the aim of reintroducing them back into the child’s life gradually. The grandparent should not be the one making the initial attempt – unless they are left with absolutely no alternative.

Hayes + Storr has helped many grandparents reunite with their grandchildren and we offer a reduced rate to discuss all options, which includes clear advice in writing after the meeting. If you would like any further advice or information on this matter, please call Rob on 01328 863231 or send an e-mail to rob.colwell@hayes-storr.com. For legal advice on any other matter call 01328 863231 or email: law@hayes-storr.com.

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.

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Ben graduated from Birmingham City University with a 1st Class BA Honours degree in English.

Ben then attended The Royal Military Academy Sandhurst and commissioned into The Royal Regiment of Fusiliers, an Armoured Infantry Regiment that operates using the Infantry Fighting Vehicle known as the Warrior.

On leaving the British Army he decided to pursue a career in law. He studied for his Graduate Diploma in Law at BPP University and later received a Commendation in the Legal Practice Course from Anglia Ruskin University. On completion of his training at Hayes + Storr Solicitors, he will qualify as a Solicitor in 2019.

Ben plays cricket and rugby. He enjoys keeping fit, running and all things outdoors. Ben is also still proud to be able to retain his connection with the Army as an officer in the Army Reserves.

Ben ran in the 2018 London Marathon and raised over £6,000 for Alzheimer’s Research UK.

Maria joined Hayes + Storr in 2018 having trained and qualified as a solicitor in 2005 at a firm in Middlesex. Maria completed her Degree in Law with Psychology at Staffordshire University and then went on to complete her legal practice course at The College of Law in Birmingham. After her first child was born, she decided to take a break from her career as a solicitor to bring up her two young children. During her time away from the law, she set-up her own successful child-minding business enabling her to stay at home with her children, whilst also earning an income. She then worked as a marriage registrar with Norfolk County Council before embarking on a return to her legal career in the Hayes + Storr Family Department.

Maria can assist with all family matters, including relationship and marriage breakdown, and ancillary financial relief, but her particular interest and specialism is in private law children cases. Recently, Maria has worked on cases involving removal of children from the jurisdiction of England and Wales, and where one parent lives in a non-EU country. These cases demonstrate the added complexity of peoples’ worldwide travel to the arrangements for their children when they separate. Maria also has experience of dealing with cases of alleged abuse of children, or of domestic abuse of one of the parents. Where such allegations are made, the court has a duty to consider making findings on such allegations by way of a Fact Finding Hearing. Maria has experience of guiding clients through such complex and highly emotive proceedings.

If you wish to make an appointment with Maria, she can see you at any one of our seven offices across Norfolk.

Outside of work, Maria enjoys doing activities with her family including walking, cycling, entertaining family and friends.

Rob is a Director and Head of Family Services at Hayes + Storr. He qualified as a solicitor in 2007 and joined Hayes + Storr in 2013.

Rob helps clients in all aspects of family law including child arrangements, pre & post nuptial agreements, separation agreements and change of name deeds. Clients often comment that they are impressed with the level of service which they would normally expect from a large city firm, benefitting from lower hourly rates and saved time.

Rob’s known professionalism and attention to detail have earned him numerous personal referrals from the Norfolk business community and he has considerable experience in mid to high value asset divorce cases. He also provides training to junior lawyers and peers. He has been a member of Resolution during his entire career and is committed to resolving any disputes in a constructive and non-inflammatory manner. He follows the “Code of Practice” and prides himself on expert file management and clear, concise and open billing.

Rob has his roots firmly in Norfolk having lived here since he was five years old. He is actively involved in local and national politics and campaigned for Legal Aid provision and more recently “No Fault Divorce”.

Outside of work, Rob is an active member of both Rotary and chair of a local Round Table. He has helped organise significant fundraising events for Norfolk charities. His hobbies include tennis and gardening, together with a love of Europe and travel.

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